File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Comparative Analysis of Composite Trademarks

This article delves into the legal intricacies surrounding the comparison of composite trademarks, focusing on a recent case where the plaintiff, having proprietary rights in the composite trademark MI SUMEET, filed a suit against the defendants for their use of the composite trademark NAKODA SUMEET in the context of mixer, juicer, grinder, and related products. The court's determination of the similarity between the two composite trademarks and the application of the essential features principle are crucial aspects discussed in this analysis.

Background of the Case:
The plaintiff in this case claimed proprietary rights in the composite trademark MI SUMEET, associated with a range of products, including mixer, grinder, juicer, hand blender, electrical accessories, and kitchen home appliances since 1993. The plaintiff had also obtained trademark registrations to bolster their claims. The suit was initiated against the defendants, who were allegedly using the composite trademark NAKODA SUMEET for similar products.

Principle of Comparing Composite Trademarks:
The court, in its findings, emphasized the necessity to consider the essential features of the marks under consideration. The essential features principle is a fundamental aspect of trademark law, requiring a detailed examination of the core elements that define a mark.

Phonetic Similarity:
The court noted that the phonetic similarity between "MI SumEEt" and "NAKODA Summit" was strikingly similar. Phonetic similarity is a critical factor in determining deceptive or misleading similarities between marks. The phonetic structure, which assesses how rival marks sound, played a pivotal role in establishing the overall impact of phonetic use, indicating a high degree of similarity.

Visual and Structural Similarity:
In addition to phonetic analysis, the court considered visual and structural similarities between the two composite trademarks. It was observed that the two marks were not only phonetically similar but also shared visual and structural commonalities. The overall get-up of the two words was deemed so structurally similar that it raised concerns about the likelihood of deception.

Lack of Bona Fide Explanation:
The court highlighted the absence of a bona fide and logical explanation from the defendants for adopting a mark so similar to the plaintiff's. This lack of a reasonable explanation further strengthened the plaintiff's case, contributing to the court's decision in favor of the plaintiff.

The concluding Note:
The comparative analysis of composite trademarks, as demonstrated in the MI SUMEET vs. NAKODA SUMEET case, underscores the importance of considering essential features, particularly phonetic, visual, and structural elements. Courts must weigh these factors comprehensively to ascertain the likelihood of deception or confusion. Additionally, the absence of a bona fide explanation for adopting a similar mark may tip the scales in favor of the party alleging infringement.

The Case Law Discussed:
Case Title: Dilip Kumar Jain Vs Vikas D. Jain
Date of Judgement/Order:18.01.2024
Case No. CS 40 of 2020
Neutral Citation: N.A.
Name of Hon'ble Court: Calcutta High Court
Name of Hon'ble Judge: Krishna Rao, H.J.

Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and Trademark Attorney
Email: [email protected], Ph no: 9990389539

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly